(CN) – A Hasidic Jew cannot get his 6-carat engagement ring back from his fiancée because his one-time intended was still married to another man when he gave her the ring, a New York appeals court ruled.
Larry Lipschultz gave the ring to Nadia Kiderman, who proceeded to obtain a “get,” or religious divorce, from her previous husband.
Lipschultz and Kiderman then celebrated an Orthodox Jewish wedding, despite the fact that Kiderman was still legally married to another man. Their union dissolved before Kiderman got her civil divorce from her previous husband in 2007.
Lipschultz claimed in his complaint that he was not aware that Kiderman was still married. He sued for recovery of the ring or its monetary value.
Kiderman replied that Lipschultz knew she has been married and actually came to court during her divorce proceedings. She also claimed that he used the ring to induce her to participate in the religious ceremony, knowing that it was not legally binding.
The trial court refused Kiderman’s request to dismiss Lipschultz’ complaint, but Justice Thomas Dickerson of the Brooklyn-based Second New York Appellate Division reversed the decision.
“Since there remains a triable issue of fact as to whether the plaintiff knew of an impediment to the proposed marriage at the time he gave the defendant the diamond ring, the (lower court) should have denied that branch of the plaintiff’s motion which was for summary judgment,” Dickerson wrote.